Section 159 IEA: Refreshing memory

Indian Evidence Act, 1872

Section 159 IEA at a Glance

Section 159 IEA deals with refreshing memory. From 1 July 2024 it is replaced by Section 162 BSA.

Now BSA

Section 159 IEA Bare Act Text

159. Refreshing memory
A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.
The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.
When witness may use copy of document to refresh memory.—Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document:
Provided the Court be satisfied that there is sufficient reason for the non-production of the original. An expert may refresh his memory by reference to professional treatises.

Source: Section 159, Indian Evidence Act, 1872

Section 159 IEA in Simple Words

Section 159 of the Indian Evidence Act, 1872 lets a witness look at a writing while being questioned in court to refresh memory. The witness may use a writing made by that witness when the transaction took place. It can also be a writing made soon afterwards, if the court considers the transaction was likely still fresh in memory.

A witness may also refer to a writing prepared by another person. The witness must have read that writing within the same timeframe and known it to be accurate when reading it.

If the court gives permission, a witness may use a copy of a document to refresh memory. Under the proviso in Section 159 IEA, the court must be satisfied that a sufficient reason exists for not producing the original document.

Section 159 IEA also lets an expert refresh memory by consulting professional treatises (specialist books or reference works).

When Section 159 IEA Applies

A witness who is under examination in court may refresh memory by looking at a writing made by that witness when the transaction occurred, or soon enough afterwards that the court considers the transaction was likely still fresh in memory.
A witness under examination may also refer to a writing made by another person, if the witness read it within that same period and knew it to be accurate when reading it.
Whenever a witness is allowed to refresh memory from a document, the witness may refer to a copy of that document if the court gives permission and is satisfied that a good reason exists for not producing the original.
An expert witness may refresh memory by consulting professional treatises.

Example of Section 159 IEA

In 2023, Priya records the details of a goods delivery in a notebook in Lucknow when the delivery takes place. Later, Priya is examined as a witness in court about that delivery and cannot recall every detail without looking at the notebook. While under examination, the witness asks to look at that notebook entry, which was written when the transaction took place. Under Section 159 IEA, the court allows Priya to refer to the notebook entry to refresh memory about the delivery.

When Section 159 IEA Does Not Apply

A witness may not use a copy of a document to refresh memory unless the court gives permission and is satisfied under the proviso that a sufficient reason exists for not producing the original.
A witness may not refer to a writing made by another person unless the witness read it within the required time and knew it to be correct when reading it.

Section 159 IEA in the BSA

Section 159 IEA is now covered under Section 162 BSA.

Section 159 of the Indian Evidence Act, 1872 became Section 162 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The two further rules are now provisos, and the side heading was dropped.

View detailed comparison (IEA 159 vs BSA 162) →

FAQs on Section 159 IEA

What is Section 159 IEA?▼

Section 159 of the Indian Evidence Act, 1872 allows a witness who is being examined in court to refresh memory by looking at a writing made when the transaction occurred or while it was still likely fresh in memory. It also covers using a writing made by another person, using a copy of a document if the court gives permission, and an expert referring to professional treatises.

Can a witness refresh memory using a document written by someone else under Section 159 IEA?▼

Yes. A witness may refer to a writing made by another person if the witness read that writing when the transaction took place or while the transaction was still likely fresh in memory. The witness must also have known the writing to be correct when reading it.

Can a witness use a copy of a document instead of the original under Section 159 IEA?▼

Yes. A witness may refer to a copy of a document if the court gives permission. Under the proviso, the court must be satisfied that a sufficient reason exists for not producing the original document.

Can an expert witness look at reference books while testifying under Section 159 IEA?▼

Yes. Section 159 IEA allows an expert to refresh memory by referring to professional treatises.

What is Section 159 IEA in BSA?▼

Section 162 BSA. Section 159 IEA became Section 162 BSA on 1 July 2024 with no substantive change, while the further rules became provisos and the side heading was dropped.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·